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Powers of attorney & guardianship

At some time in our lives we may be faced with changes – such as an accident or illness – that might take away our capacity to make our own decisions about things like:

  • where we live
  • how we spend our money
  • how our health care and medical treatment is managed.
Powers of attorney and guardianship are legal documents that allow decisions to be made that take into account your wishes, if you’re not able to make them for yourself.

You can choose a person to act on your behalf to make these decisions. You can make:

  • a general power of attorney by appointing someone to make financial or legal decisions for you, usually for a specific period of time, such as when you are away on holidays
  • an enduring power of attorney (financial) by appointing someone to make financial and legal decisions on your behalf, such as signing a legal document, selling property or doing your banking, if you are unable to make these decisions some time in the future
  • an enduring power of attorney (medical treatment) by appointing someone to make medical decisions on your behalf, such as agreeing to or refusing surgery, if you are unable to make these decisions some time in the future
  • an enduring power of guardianship by appointing someone to make day-to-day lifestyle decisions on your behalf, such as where you live and health care issues, if you are unable to make these decisions some time in the future.

The pages in this section contain information about each of the powers and how to make and maintain them.

More information

Enduring power of attorney (financial)

Enduring power of attorney (medical treatment)

Enduring power of guardianship

General power of attorney

Powers of attorney & guardianship forms

Related publications

Securing their future: for parents of children and adult children with a decision-making disability

Take control: a kit for making powers of attorney and guardianship

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter.

Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.
  • For some matters, we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

The Office of the Public Advocate (OPA) is an independent statutory office, working to promote the interests, rights and dignity of Victorians with a disability. It provides advice about advocacy, guardianship, powers of attorney (including enduring guardianship) and consent to medical and dental treatment.

The OPA advice service provides information, advice and assistance about enduring powers of attorney and guardianship. The service is available during business hours and also accepts emergency enquiries at any time.

For more information see the Office of the Public Advocate website (new window) or call the advice service on 1300 309 337.

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website (new window) for more information and CLC contact details.

The role of the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT) is to protect people with a disability aged over 18 who are not able to make reasonable decisions about themselves, their circumstances, or financial and legal affairs.

Applications to the Guardianship List may include applications for orders:

  • appointing guardians to make decisions for a person, including the person's accommodation
  • appointing administrators to manage a person's financial and legal affairs
  • revoking, varying or suspending an attorney's appointment
  • making another order in relation to a enduring power of attorney (financial).

See the VCAT website (new window) for more details.

The Guardianship List has a 24-hour emergency service for urgent matters; contact the Office of the Public Advocate for advice and further information.

State Trustees Limited can assist you in preparing powers of attorney and guardianship documents and can also take on the role of attorney. See the State Trustees website (new window) for more information about their services and fees.